DEPARTMENT OF
Tttl? NAVY
BOARD FOR
CORRECTtbiU OF NAVAL
REC.ORDS
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
HD:hd
Docket No: 00324-01
13 July 2001
SN
Dear
Lieuten
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 July 2001.
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board.. Documentary material considered by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinion furnished by the Navy Personnel Command dated 20 March 200
attached.
In addition, the Board considered the advisory
Your allegations of error and injustice
1, a copy of which is
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
in the advisory opinion. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
In this connection, the Board substantially concurred with the comments contained
It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by the Board.
important to keep in mind that a presumption of regularity attaches to all official records.
In this regard, it is
Consequently, when applying for a correction
applicant to demonstrate the existence of probable material error or injustice.
&f an official naval record, the burden is on the
J
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
PERS~.N*L COMMAN
NAVY
5720 INTEGRITY DRIVE
MILLINGTON TN
38OSS-0000
Y
D
1610
PERS-3 11
20 March 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator
(PERS-OOZCB)
Subj
SN,
Ref: (a) BUPERSINST 1610.10
EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of his original fitness report for
the period1 February 1998 to 3 1 January 1999 and replace it with a supplemental report.
2. Based on our review of the material provided, we find the following:
a. A review of the member
’s headquarters record revealed the fitness report in question to be
on file with the supplemental fitness report and cover letter. Both reports are signed by the
member acknowledging the contents of each and his right to submit a statement. The member
did not desire to submit a statement.
b. The report in question is a Periodic/Detachment of Individual/Regular report. The member
does not state how the original report is in error or an injustice has been committed.
c. The replacement of an original fitness report is appropriate when a reporting senior
provides a clear and convincing reason that the revised fitness report more accurately reflects the
member ’s performance than the original.
Neither the reporting senior nor the member has
provided evidence that retention of the original would constitute an error or injustice. Although
the reporting senior acted in a timely manner, the filing of the supplemental fitness report
provides sufficient relief.
d. The member does not prove the report to be unjust or in error.
NAVY | BCNR | CY2001 | 02666-00
In addition, the Board considered the advisory applicable statutes, regulations opinion furnished by the Navy 2oo0, a copy of which is Personnel Command dated 19 June attached. ” c. The reporting senior has submitted, and we have accepted and filed the supplemental report. The fact that the revision is a better report should have no bearing on whether the original is retained or removed: W e make provisions for the submission of supplementary material concerning fitness reports so that the...
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Although the Board did not vote to insert any of the reporting senior's supplementary material in your naval record, they noted you could submit it to future selection boards. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. c. We provide reporting seniors with the facility to add material to fitness reports already on file, not replace them.
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NAVY | BCNR | CY2007 | 07681-07
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. F The reporting senior has submitted, and we have accepted a supplemental fitness report fom entry in member’s OMPF and it has been posted to member’s PSR g. The member does not prove the report to be unjust or in error. We recommend no further action be taken by the Board for Corrections of...
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Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. The report in question is a Periodic/Regular report. c. We cannot administratively remove the fitness report in question and replace it with the report provided with the member material to fitness reports already on file, not replace them.
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Additionally, the member requests the fitness reports be replaced with the correct original report. f. The reporting senior has submitted, and we have accepted a supplement fitness report for entry in member’s OMPF and it has been posted to member’s PSR.g. We recommend no further action be taken by the Board for Corrections of Naval Records as the member’s record has already been corrected administratively.
NAVY | BCNR | CY2002 | 05223-02
It is noted that the Navy Personnel Command (NPC) has entered in your naval record both the reporting senior's letter of 26 February 2002, transmitting the revised enlisted performance evaluation report for 16 March 1999 to 15 March 2000, and the revised report. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. c. Although the supplemental...
NAVY | BCNR | CY2002 | 02285-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2003. Although the Board voted not to file the supplemental report in your record without the required cover letter, you may submit this report to future selection boards. The report in question is a Periodic/Regular report.